Chapter
25, Article
VI, §
25-29 K has established a Shade Tree Commission.
As used in this chapter, the following terms shall have the
meanings indicted:
QUALIFIED TREE RISK ASSESSMENT
An assessment performed by an arborist possessing International
Society of Arboriculture (ISA) risk assessment qualification and using
methodology based on the current edition of the ISA Best Management
Practice Manual for Tree Risk Assessment.
RIGHT-OF-WAY
An area of land, whether or not paved or otherwise improved
in any way, acquired by reservation, dedication, prescription or condemnation
and intended to be occupied by a street.
SHADE TREE
A tree situated within the shade tree protection area; all
trees and shrubs originally planted as a requirement of an approved
plan for subdivision or land development; all trees or shrubs required
by order of the Zoning Hearing Board, and any shade trees, shrub or
other woody plant, or part thereof, which extends within the lines
of any street in said Borough.
SHADE TREE PROTECTION AREA
The right-of-way plus an additional 10 feet on either side
of the right-of-way, as well as any land designated as or constituting
a "buffer area" or "open space" or similar protection area as shown
on an approved subdivision or land development plan.
STREET
Any public or private right-of-way that is intended for vehicular
or pedestrian circulation to provide access to one or more lots and
also used to provide space for installation of improvements such as
sewers, other utilities, street trees and sidewalks. The term "street"
includes alley, road, avenue, drive, lane, court, or similar terms.
STREET LINE
A line separating a lot from an adjacent street.
The Shade Tree Commission may, with the approval of the Borough
Council, employ and pay such superintendents, engineers, foresters,
tree wardens or other assistants as needed for the proper performance
of duties imposed upon it shall require, and may make, publish and
enforce regulations for the care and protection of the shade trees
in the Borough; provided, however, that no such regulation shall be
in force until it has been approved by the Borough Council and until
it has been enacted as an ordinance.
The Commission may, upon 30 days' written notice, require
owners of property to cut or remove trees affected with diseases or
any other affliction or condition which the Commission may determine
to have detrimental effect upon the health, safety or welfare of the
public or which threatens to injure or destroy plants, shrubs or shade
trees of the Borough. Upon failure of any such owner to comply with
such notice, the Borough may cause the work to be done by the Borough
or its contractor and levy and collect the cost thereof from the owner
of the property. The cost of such work shall be a lien upon the premises
from the time of the commencement of the work, which date shall be
fixed by the Codes Enforcement Officer and shall be filed with the
Borough Secretary. Any such lien may be collected by a civil action
or by lien filed in the manner provided by law for the filing and
collection of municipal claims.